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SMITH v. O'CONNOR

No. 94 Civ. 6848 (SS).

901 F.Supp. 644 (1995)

Eric SMITH, Plaintiff, v. Sgt. F.V. O'CONNOR; Officer M. Black; Officer E. Derios, Defendants.

United States District Court, S.D. New York.

September 26, 1995.

Attorney(s) appearing for the Case

Eric Smith, Ossining, New York, pro se.

Dennis C. Vacco, Attorney General, State of New York, Albany, New York (Charles F. Sanders, Nancy Miller Lerner, of counsel), for defendants.

OPINION AND ORDER

SOTOMAYOR, District Judge.

Pro se plaintiff brings this 42 U.S.C. § 1983 action alleging that defendants scattered and destroyed his personal property, including legal papers, during a search of his cell at Sing Sing Correctional Facility on August 26, 1994. Defendants, Sing Sing correctional officers, move to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure on the ground that the complaint...

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